Your rights at work.
The Fair Work Act 2009 sets minimum standards for every Australian employee. Here is what you need at offer stage and on the way out.
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National Employment Standards (NES).
The NES is the floor of Australian employment. No individual contract, enterprise agreement or award can go below it. It covers:
- Maximum weekly hours (38 hours + reasonable additional)
- Requests for flexible working arrangements
- Parental leave and related entitlements
- Annual leave (4 weeks paid, 5 for shift workers)
- Personal/carer's leave and compassionate leave (10 days paid personal leave)
- Community service leave
- Long service leave (state-based; commonly 7 years to accrue, 10 years to take)
- Public holidays
- Notice of termination and redundancy pay
- Fair Work Information Statement
- Casual conversion
Minimum notice under the NES.
Employees are entitled to (and typically must give) minimum notice based on length of service: 1 week (<1 yr), 2 weeks (1–3 yrs), 3 weeks (3–5 yrs), 4 weeks (5+ yrs), plus an extra week if you are over 45 with 2+ years' service. Individual contracts often exceed these minimums — 4 weeks is common at ASX-listed employers, 3 months at executive level.
LSL differs by state.
Long service leave is state-based, not federal. Common rules:
- NSW / Victoria — 2 months paid LSL after 10 years, pro-rata after 7 (NSW) or 7 (VIC).
- Queensland — 8.667 weeks after 10 years, pro-rata after 7.
- WA / SA / TAS / ACT / NT — variations on the theme, generally 8.667 weeks after 10 years.
- Portable LSL — construction, cleaning, contract catering and community services workers in some states can carry LSL between employers.
Marqee is not a legal adviser. For unfair dismissal, general protections claims or contract disputes, contact the Fair Work Ombudsman or a licensed employment lawyer.
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